المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Criminal Procedure

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,804 available principles

Search this collection

  1. ز- سماع الشهود

    Principle 631An account relayed by one person from another. The trial court may accept it. Criterion therefor. - Assessing testimony, even if relayed. Within the authority of the trial court. - Agreement of witnesses’ statements in aCriminal Procedure · Source page ٢٥٥
  2. Principle 633Weighing and assessing witnesses' statements. Within the authority of the trial court. When a witness's contradiction does not vitiate the judgment.Criminal Procedure · Source page ٢٥٦
  3. Principle 634Deriving the account of the victim and the witness from their statements without contradiction, and not relying on the forensic medical report in the conviction. What the appellant raises regarding the contradiction betwCriminal Procedure · Source page ٢٥٦
  4. Principle 635Weighing and assessing witnesses’ statements and relying upon them. A matter of fact. - The court may accept a witness’s statements even if there is an existing dispute between him and the accused. - A witness’s contradiCriminal Procedure · Source page ٢٥٦
  5. Principle 636Challenging the victim’s testimony on the ground that he lacks discernment and understanding because of his young age and his mental illness. A substantial defense. The court’s failure to examine it vitiates its judgmentCriminal Procedure · Source page ٢٥٦
  6. Principle 637The victim's failure to report the incident when it occurred and his refraining from accusing anyone of it. Does not negate the theft or prevent its attribution to its perpetrator. So long as the court is satisfied that Criminal Procedure · Source page ٢٥٦
  7. Principle 639Assessment of the evidence in respect of each accused. A matter for the trial court. Its implication. The court may accept those witnesses' statements in which it has confidence against one accused and reject those in whCriminal Procedure · Source page ٢٥٧
  8. Principle 640The judgment’s disclosing its reasons for not relying on the witness’s statement. The Court of Cassation may review this. - The judgment’s unreasonable rejection of the female victim’s statements and its arbitrariness inCriminal Procedure · Source page ٢٥٧
  9. Principle 641The appellate court's reversal of the acquittal judgment issued by the court of first instance. The reasons of the first-instance judgment must be refuted. The appellate court's reliance on statements of witnesses whose Criminal Procedure · Source page ٢٥٧
  10. Principle 642Weighing a witness’s statements and judicial reliance upon them, whatever criticisms are directed against them. A matter of fact. - The court’s acceptance of a witness’s statements. Its implication. - Proof in criminal mCriminal Procedure · Source page ٢٥٧
  11. Principle 643A witness's testimony. What is not required of it. Its covering the whole truth. Not necessary. What suffices in this regard.Criminal Procedure · Source page ٢٥٧
  12. Principle 644The officer's failure to mention the names of the force accompanying him. Does not detract from the soundness of his statements. - 257 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٥٧
  13. Principle 645The general rule is that the appellate court is not obliged to conduct an investigation in the case. - Deciding whether to grant or refuse a request to hear witnesses. Discretionary for the court according to what the ciCriminal Procedure · Source page ٢٥٨
  14. Principle 647Merely observing the accused in an unsteady or abnormal condition, as stated in the officer's statements, which prompted him to search the accused and his car, a void procedure. The effect thereof. This nullity extends tCriminal Procedure · Source page ٢٥٨
  15. Principle 648Assessment of witnesses' statements. A matter of fact. The court's reliance on them despite their conflict with the police inquiries. No defect. Its condition.Criminal Procedure · Source page ٢٥٨
  16. Principle 649The court's conviction. Is founded on purposes and meanings, not words and forms. - Ascertaining and understanding a witness's statements and deducing their import. Within the authority of the trial court.Criminal Procedure · Source page ٢٥٨
  17. Principle 650Weighing a witness's statements and relying upon them. For the trial court without review. Its adoption of them. Signifies its rejection of all considerations advanced by the defense to induce it not to adopt them. ConflCriminal Procedure · Source page ٢٥٨
  18. Principle 651The material element of the crime of sexual intercourse with a female. Established by having intercourse with her without her consent through the use of means - 258 - Criminal Procedures and Trials that deprive her of heCriminal Procedure · Source page ٢٥٨
  19. Principle 652Deducing the correct account of the facts of the case. For the trial court, provided that it is reasonable. It may rely on the testimony of a prosecution witness and disregard the accused’s statements.Criminal Procedure · Source page ٢٥٩
  20. Principle 653The appellate court's obligation to hear witnesses whose statements the accused or his defender insists be heard before the court of first instance. Its condition: that he persist in his request before the appellate courCriminal Procedure · Source page ٢٥٩
  21. Principle 654The judgment's reliance on the statements of the two prosecution witnesses. Its implication. - Judgments are not, as a rule, required to reproduce witnesses' statements except insofar as they form the basis of their ruliCriminal Procedure · Source page ٢٥٩
  22. Principle 655The trial court’s conviction of the accused on the basis of the prosecution witness’s statements. Its implication. - The officer’s withholding of the names of the accompanying force, failure to record the serial numbers Criminal Procedure · Source page ٢٥٩
  23. Principle 656Assessment of witnesses’ statements and the circumstances in which they give testimony. Within the trial court’s unfettered discretion. Its reliance on a witness’s statements. Its import: rejection of all considerations Criminal Procedure · Source page ٢٥٩
  24. Principle 657Testimony addressing the truth sought to be established in its entirety and in all its details. Not necessary. It suffices that it is capable of leading to that truth through a reasonable inference drawn by the court. - Criminal Procedure · Source page ٢٦٠
  25. Principle 658The accused's oral admission of the incident to the officer. Part of his statements as a witness. The court's satisfaction with them. Correct. The objection to the judgment in this respect. Misplaced.Criminal Procedure · Source page ٢٦٠
  26. Principle 659Evidence need not have concerned seeing the incident sought to be proved.Criminal Procedure · Source page ٢٦٠
  27. Principle 660The investigating officer's non-disclosure of the sources from which he obtained his information and inquiries. Does not weaken the probative force of his testimony. The challenge in this regard. An argument on the meritCriminal Procedure · Source page ٢٦٠
  28. Principle 661The judgment’s referring, in setting out witnesses’ testimony, to what it stated as the substance of another witness’s testimony. Does not render it defective, provided that it accords with what it relied upon therein.Criminal Procedure · Source page ٢٦٠
  29. Principle 662Nothing prevents the trial court from finding in the statements of the officer concerned with the incident what convinces it that the appellant possessed narcotic drugs and psychotropic substances for use, without findinCriminal Procedure · Source page ٢٦٠
  30. Principle 663Believing or disbelieving a witness. A matter of fact. - The court's acceptance of a witness's testimony. Its implication. - 260 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٦٠
  31. Principle 664A request to hear defence witnesses. A defence on the merits. The condition for granting it is that it be necessary to decide the merits of the case. - The court’s confidence in the prosecution evidence on which it held Criminal Procedure · Source page ٢٦١
  32. Principle 667The challenge alleging that the Public Prosecution failed to question the female victim’s sponsor. A criticism of the investigation preceding trial. The court may disregard it. Reason therefor.Criminal Procedure · Source page ٢٦١

  33. - الشهادة بغير حلف يمين

    Principle 670Requiring a lawyer to give testimony in a dispute in which he was retained or consulted. Impermissible. Article 25 of Law 42 of 1964, as amended. The reason: it entails disclosure of his client's secrets and a breach of Criminal Procedure · Source page ٢٦٢
  34. Principle 671Everyone other than the accused against whom the action is brought whose information relates to the incident, in proof or denial. Is considered a witness. - Establishment in the papers that no accusation was directed agaCriminal Procedure · Source page ٢٦٢
  35. Principle 672A witness who takes the oath must be of sound mind and have attained the age of 14. Others. Their statements are heard for guidance. - Assessing the absence or possession of perception and discernment at the time of testCriminal Procedure · Source page ٢٦٣
  36. Principle 673The female victim’s young age does not preclude accepting her statements. Accepting testimony relayed from others. Permissible. Basis thereof.Criminal Procedure · Source page ٢٦٣
  37. Principle 674Weighing witnesses’ statements. A matter of fact. What a witness states for evidentiary inference. Accepting it. Permissible.Criminal Procedure · Source page ٢٦٣
  38. Principle 675Requiring soundness of mind and attainment of the age of fourteen in a witness who takes the oath. Anyone else. His statements are heard for guidance.Criminal Procedure · Source page ٢٦٣
  39. Principle 676The elements of testimony are not complete except upon taking the oath. Testimony without taking an oath. The court may rely on it in its judgment. The condition for this.Criminal Procedure · Source page ٢٦٣
  40. Principle 677Statements made by a witness without taking an oath. Testimony. The court’s reliance upon them. Permissible. Reason thereof. Example.Criminal Procedure · Source page ٢٦٣
  41. Principle 678The court may hear a witness under fourteen years of age for guidance, without an oath, whenever it finds this useful. Article 166 of the Criminal Procedure and Trials Law. - Statements of young witnesses. They are not cCriminal Procedure · Source page ٢٦٣
  42. Principle 679The court's hearing of witnesses who have not reached fourteen years of age—for guidance—without administering an oath. Permissible. It may adopt their statements if it perceives truth in them. Challenging the court's adCriminal Procedure · Source page ٢٦٤
  43. Principle 680The obligation to refer to the Evidence Law to supplement matters not addressed by the Criminal Procedures and Trials Law. An example concerning a witness taking the oath before the investigator or the court. - TestimonyCriminal Procedure · Source page ٢٦٤

  44. - لا عبرة بعدد الشهود أمام القاضي الجزائي

    Principle 681The court of merits may hear a young witness who has not reached fourteen years of age for guidance, without administering an oath. His statements are not considered testimony but constitute an element of inferential eviCriminal Procedure · Source page ٢٦٤
  45. Principle 683The number of witnesses is not determinative of the court's conviction. - 264 - Criminal Procedure and Trials - Contradictions in the witnesses' accounts. Do not impair the soundness of the judgment so long as it has draCriminal Procedure · Source page ٢٦٤
  46. Principle 684The judgment's reliance on the testimony of a single witness. Does not contravene the law. The reason for this. The legislature has not bound the criminal judge to a specified number and has left him free to form his conCriminal Procedure · Source page ٢٦٥
  47. Principle 685Criminal trials. The legislature has not bound the judge therein to a specified minimum number of witnesses.Criminal Procedure · Source page ٢٦٥
  48. Principle 686The criminal judge is not bound by a specified number of witnesses. He is free to form his conviction from any evidence he trusts. - Parliamentary immunity:Criminal Procedure · Source page
  49. Principle 687Permissibility of conducting an investigation, search, arrest, detention or any criminal procedure against a member of the National Assembly. Cases thereof. Flagrante delicto. Its basis. Example.Criminal Procedure · Source page
  50. Principle 688Notification of the National Assembly during its session of criminal procedures taken against a member. Is not a condition for the validity of authorization to lift his immunity or of the procedures based thereon. ReasonCriminal Procedure · Source page
PreviousPage 12 of 36Next